MCPS Wants Parent to Sign Confidentiality Waivers Anytime of Settlement of Disputes

[Anonymous]

MCPS always want parents to sign a confidentiality waiver anytime they settle with parents who may have just cause for a Due Process suit or State Complaint. These statements usually say the school admits to no wrong doing and parents will not discuss the circumstances for the settlement nor pursue further action.

Shouldn't the Board of Education create a policy that they are notified every time MCPS requires a parent to sign these waivers? In my opinion, school personnel willfully violate parental and student rights because worse case scenario is usually a settlement with their butts protected by these waivers. Would they be less inclined to "make mistakes" if they knew there wasn't the ability to completely sweep everything under the rug? Surely, the BOE has an interest in why these waivers are necessary and the circumstances they are given.

[Anonymous]

Don't sign. If they insist get a lawyer. The confidentiality part is inappropriate but the real problem is the pursue no further claims part.

MCPS attorneys do this on purpose. They known when principals and schools have violated the law and they try to trick parents into signing these waivers to limit what can be done.

[Anonymous]

OP, Can you bring this up to the special needs group at the countywide PTA? They might be able to get the board's attention.

[Anonymous]

These waivers are standard provisions in many legal settlements in all areas of law, not just education. They serve the interest of the school district because it prevents the public from knowing how often they screw up, does not create any kind of precedent, will not cause the State to investigate, and allows plausible deniability the next time the same problem occurs.

They probably do report to BOE how many waivers they enter, but like most legal matters, it's likely to be in a closed Board session. The Board then weighs whether it is cheaper to enter settlement agreements or to prevent the problems to begin with. Just like many private corporations, they've probably decided an ounce of lawsuits is worth a pound of prevention.

[Anonymous]

You're right of course PP but how common is this practice in other school districts? PP, would this make the documents unavailable under FOIA?

[Anonymous]

Yes, confidential legal settlements are not covered under FOIA. You might be able to get general statistics on how many lawsuits they have and how many get settled.

[Anonymous]

The BOE is clueless about special education disputes and the litigation or settlement thereof. And worse, they don't care.

[Anonymous]

Anonymous wrote:The BOE is clueless about special education disputes and the litigation or settlement thereof. And worse, they don't care.

Actually, if you go on the Board's website, you can see the old agenda's where they are being briefed on various legal matters in closed session. The cases are only identified by number, so no way to tell what they are, but surely some are special ed. Also, there are reports of how much they spend on special ed and non-special ed legal bills (the bills are public). They do know what's going on, or at least they are being told. Whether they care is another matter entirely.

[Anonymous]

Most oif the legal disputes discussed in closed session involve employee disputes.
The bills are not public, at least as far as I know the special ed invoices are not public. The summaries, yes, are public. And FYI for the last month reported, MCPS spent $48,000 in one month on outside counsel. That does not include the cost of the dispute resolution office (whatever they are calling it now), the in-house lawyer Greismann (google him ) or the new MCPS general counsel, who is pretty much hands off special ed disputes.
The BOE does NOT know about the status of current special ed disputes. All they know is the amount spent on their lawyer, which is an informational item only. They don't discuss special ed disputes, ever.

[Anonymous]

Anonymous wrote:Most oif the legal disputes discussed in closed session involve employee disputes.
The bills are not public, at least as far as I know the special ed invoices are not public. The summaries, yes, are public. And FYI for the last month reported, MCPS spent $48,000 in one month on outside counsel. That does not include the cost of the dispute resolution office (whatever they are calling it now), the in-house lawyer Greismann (google him ) or the new MCPS general counsel, who is pretty much hands off special ed disputes.
The BOE does NOT know about the status of current special ed disputes. All they know is the amount spent on their lawyer, which is an informational item only. They don't discuss special ed disputes, ever.

This is appalling but a reality of how MCPS treats kids with Special Needs. Their rights to a Free Appropriate Public Education means nothing. How much do you spend for private services, advocates, and attorneys to try to get your child a basic education? Myself, over $100,000. I have seen these waivers from Equity and Assurance every time I have filed Due Process or a State Complaint. These statements only serve to clear them of any wrong doing and they are conditional for the settlement.

Would MCPS be more inclined to do the right thing during the IEP process or 504 process for every Special Needs Child if they knew these settlements were to be reviewed by the Board of Education? Would the Board be shocked at how egregiously the school system fails to educate children? If the BOE knows, shame on them for not cleaning house starting with the attorneys who are weasels for writing these settlements.